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Articles 1 - 4 of 4
Full-Text Articles in Law
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
Articles
No abstract provided.
Due Process Rights Of The Second Parent In Child Protection Proceedings, Donald N. Duquette
Due Process Rights Of The Second Parent In Child Protection Proceedings, Donald N. Duquette
Articles
When one parent is charged with child neglect or abuse under MCL 712A.2(b)and the other parent is not an active participant in the abuse, is absent, or is not part of the same household, what process is due the second parent?' If the second parent comes forward and asks for custody, should he or she be able to get it, absent a finding of neglect or abuse as to that parent? Or is the child a ward of the Family Court, based on the misconduct or maltreatment of one parent so that the second parent is subject to the court's …
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Articles
The federal approach to punishing bias-motivated crimes is more limited than the state approach. Though the federal and state methods overlap in some respects, two features of the federal approach restrict its range of application. First, federal law prohibits a narrower range of conduct than do most state bias crimes laws. In order to be punishable under federal law, bias-motivated conduct must either constitute a federal crime or interfere with a federally protected right or activity-requirements that exclude racially motivated assault, property damage and many other common violent or destructive bias offenses. In most states, however, hate crimes encompass a …
Dueling Class Actions, Rhonda Wasserman
Dueling Class Actions, Rhonda Wasserman
Articles
When multiple class action suits are filed on behalf of the same class members, numerous problems ensue. Dueling class actions are confusing to class members, wasteful of judicial resources, conducive to unfair settlements, and laden with complex preclusion problems. The article creates a typology of different kinds of dueling class actions; explores the problems that plague each type; considers the effect the Supreme Court's decision in Matsushita Electric Industrial Co. v. Epstein, 516 U.S. 367 (1996), has had on these problems; evaluates the efficacy of existing judicial tools to curb them; and proposes an array of possible solutions. The more …